by Richard D. Lieberman, Consultant | Apr 16, 2019 | Small Business
In a long and detailed opinion, the Office of Hearings and Appeals (“OHA”) of the Small Business Administration (“SBA”) discusses many of the bases of the “present effect” rule which is found in the SBA rules at 13 CFR §121.103(d). Size Appeal of Enhanced Vision...
by Richard D. Lieberman, Consultant | Apr 9, 2019 | Offers/Protests
In evaluating past performance of an offeror, the Government Accountability Office (“GAO”) has a longstanding series of decisions that generally permit the experience of an offeror’s personnel to be counted. The experience of the personnel will not be counted if the...
by Richard D. Lieberman, Consultant | Apr 2, 2019 | Offers/Protests
Even where correction of a bid that results in displacement of a lower bid, it will be permitted where the existence of the mistake and the intended bid is ascertainable from the information contained in the solicitation and the bid itself. FAR 14.407-3(a). In a...
by Richard D. Lieberman, Consultant | Mar 26, 2019 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The jurisdiction of the Boards of Contract Appeals is limited, and a recent case reminds us that Boards cannot grant injunctive relief or specific performance. BVB Const., Inc v. Dept of Veterans Affairs., CBCA 6318, Feb. 12, 2019. The appellant sought relief which...
by Richard D. Lieberman, Consultant | Mar 19, 2019 | Terminations
A government termination for default is a drastic sanction which requires that the government produce solid evidence proving that the termination was reasonable and justified. If the government establishes a prima facie case of the contractor’s default, then the...
